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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
Case No. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
Case No. ADJ7745791, ADJ7745809
Regular
Jan 14, 2014

JUAN NAVA vs. OWENS CORNING, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order that intended to dismiss MD Tox Laboratories' lien. The WCAB found that MD Tox Laboratories had not actually filed a lien in the subject cases, nor were they a party at the time of the lien conference, thus rendering the dismissal order invalid. Since no lien was filed, MD Tox Laboratories was not subject to lien activation fees or obligated to appear at the conference. The WCAB clarified that MD Tox Laboratories may file a lien if it is still timely and accompanied by the proper fees.

MD Tox LaboratoriesPetition for Reconsiderationlien activation feelien conferenceWorkers' Compensation Appeals BoardnonpartyElectronic Adjudication Management Systemlien claimantLabor CodeWCAB Rule
References
Case No. ADJ1946809 (LAO 0785099)
Regular
Dec 03, 2008

Steven M. Luas vs. The Boeing Company, AIG Claim Services, Inc.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding permanent disability and apportionment. While the applicant sustained an industrial injury, the Board found that the defendant presented sufficient secondary evidence to establish a prior 11.5% permanent disability award for a right hand injury. The case was remanded for further proceedings to allow for proper apportionment of the current permanent disability based on the prior award.

WCABPetition for ReconsiderationFindings and Awardaircraft systems installercumulative traumapermanent disabilityapportionmentprior permanent disability awardLabor Code section 4664(b)Kopping
References
Case No. ADJ4676639
Regular
Dec 24, 2013

RONALD HODGES vs. CHEVRON OVERSEAS PETROLEUM, INC.

Here's a concise summary for a lawyer, under four sentences: The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings. The Board found that the Qualified Medical Examiner (QME) reports were not substantial evidence because neither physician personally examined the applicant, violating administrative rules. Therefore, the record needs further development, specifically a medical-legal evaluation by an infectious disease expert to determine if Reiter's Syndrome is a consequence of the admitted industrial injury (malaria). This is necessary before reconsidering findings on permanent disability.

Workers' Compensation Appeals BoardRonald HodgesChevron Overseas Petroleum IncBroadspire Services IncFindings and AwardPetition for ReconsiderationReiter's Syndromeindustrial injurymalariapermanently totally disabled
References
Case No. ADJ4436706 (SAC 0168766)
Regular
Jun 04, 2015

BARBARA NEWHOUSE vs. E GONZALEZ MD, STATE COMPENSATION INSURANCE FUND

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration filed by petitioner Barbara Newhouse. This dismissal is a direct result of the petitioner's voluntary withdrawal of the petition. The original decision that was subject to reconsideration was issued on February 26, 2015. The Board acted upon the withdrawal to formally close this matter.

Petition for ReconsiderationDismissedWithdrawnBarbara NewhouseEgonzalez MDState Compensation Insurance FundWorkers' Compensation Appeals BoardADJ4436706SAC 0168766
References
Case No. ADJ1801165 (VNO 0533524)
Regular
Apr 30, 2010

WILFREDO MARROQUIN vs. THE KROGER COMPANY dba RALPHS GROCERY COMPANY/FOOD 4 LESS, PERMISSED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an employee, Wilfredo Marroquin, who sustained industrial injuries to his neck, shoulders, and elbows. The primary dispute concerns the employer's claim for credit for temporary disability payments, which significantly exceeded the permanent disability award. The Administrative Law Judge initially denied the credit, citing equity concerns due to the large sum relative to the award and the employer's proper benefit payments. The Appeals Board granted reconsideration, recognizing the discretion to allow credit but emphasizing that denial is appropriate if it undermines the purpose of permanent disability benefits. The case is returned to the trial level for the WCJ to assess the equities of both parties regarding partial credit.

Wilfredo MarroquinThe Kroger CompanyRalphs Grocery CompanySedgwick Claims Management ServicesADJ1801165VNO 0533524Petition for ReconsiderationFindings and Awardindustrial injuryjanitor
References
Case No. LAO 0753696, LAO 0753697
Regular
May 27, 2008

JOSE BERRIOS vs. JERRY'S FAMOUS DELI, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By BROADSPIRE SERVICES for CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation, CENTRE INSURANCE COMPANY Administered By RISK ENTERPRISE MANAGEMENT

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior decision that found his right wrist and back injuries had reached permanent and stationary status. The Board rescinded the prior order and returned the case for further proceedings, allowing the applicant to present new evidence regarding ongoing temporary total disability from his wrist injury. The Board also found no basis to disqualify the administrative law judge.

WORKERS' COMPENSATION APPEALS BOARDJOSE BERRIOSJERRY'S FAMOUS DELIINC.CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBROADSPIRE SERVICESCALIFORNIA COMPENSATION INSURANCE COMPANYCENTRE INSURANCE COMPANYRISK ENTERPRISE MANAGEMENTLAO 0753696
References
Case No. ADJ3851666 (AHM 0142294)
Regular
Sep 16, 2013

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This Workers' Compensation Appeals Board case involved applicant Edward Newman and defendant Southern California Edison. The Board granted reconsideration of a prior decision, affirming it in part but amending the orders. Specifically, the liens of Lab-Eval Services and Stanley Majcher MD were disallowed, with jurisdiction reserved for costs and sanctions against them and Scott Marks. The matter was then returned to the trial level for further proceedings.

Petition for ReconsiderationSouthern California EdisonEdward NewmanWorkers' Compensation Appeals BoardWCJ's reportgrant reconsiderationamend decisiondisallowed liensLab-Eval ServicesStanley Majcher MD
References
Case No. ADJ7186657
Regular
Sep 30, 2011

Sergio Marquez vs. Alan's Lawnmower and Garden Center; INC, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sergio Marquez did not sustain an industrial injury. The applicant argued the employer's post-termination defense under Labor Code section 3600(a)(10) was inapplicable and that the presumption of injury under Labor Code section 5402 should apply. However, the Board adopted the WCJ's findings that neither the presumption nor an exception to the defense was established. The WCJ's report, which was incorporated by the Board, detailed why these arguments failed based on the evidence presented.

Workers Compensation Appeals BoardSergio MarquezAlan's Lawnmower and Garden CenterStar Insurance CompanyIllinois Midwest Insurance AgencyADJ7186657Order Denying Reconsiderationindustrial injuryLabor Code section 5402presumption of industrial injury
References
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